My grandfather and grandmother signed a document giving me and my husband guardianship over a great grandson they had adopted. I live in Texas my grandparents lived in California. My grandfather was the last of the two to have passed recently. The lawyer I need to establish custody in Texas. My Aunt has taken control of my fathers pension which is to go to the adopted son until he is 18. He is now 15.
State/Country relating to question: California
Met with the Lawyer who is over seeing the will. He did not know about the document. I gave my aunt a copy several weeks ago. Some how she is the executor of the will.
Hello and welcome,I am sorry to hear of the loss of your grandparents. My condolences. What is your legal question for me please?
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Thank you!What is your legal question for me please?
What do I do to establish guardian ship in California and Texas.
I see.Since the child has been living with you in TX, you would typically file a petition to establish Guardianship in your local court. Here is a link that explains the process:http://www.ehow.com/how_8539919_petition-permanent-guardianship-texas.htmlGenerally, you will file a petition to initiate the case. The court will require that a court investigator issue a report with regard to whether guardianship should be granted. The best interests of the child is used as a standard to determine whether guardianship should be granted and the report provided to the court is often used to grant or deny the petition.Since the child has been living with you, you will have the benefit of being able to provide evidence of how the child has adjusted living with you, including grades in school, statements from school officials, and others in the community who have regular contact with the child. This will typically aid in showing that it would be in the child's best interests to grant the petition for guardianship.It would be best to retain a local family law attorney to represent you in this matter. It is not something a court will grant automatically normally, so you should have an experienced professional to represent you in the process.
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Thank you and all the best to you,
The child lived with my grandfather in California until he died last week. I now need to establish custody of the child per my grandparents request. I live in Texas.
I see. In that case, the petition should normally be filed in a CA court since that is where the child resides.CA has a user-friendly court self-help section that provides the forms need to file for guardianship of the child. Here is a link to the self-help center:http://www.courts.ca.gov/1214.htmWhile it may be easier to represent yourself in CA, since you are located out of state, it would be best to retain an attorney to represent you.The state bar association can provide attorney referrals for you at calbar.org.The process for obtaining guardianship is similar in all states and the court will normally consider the best interests of the child in determining whether to grant custody or not. In this case, the fact that your grandfather named you as a preferred guardian would typically weigh heavily in your favor, but a court may consider other factors as well, including any criminal history, your history in raising other children, and other factors which are relevant to the child's best interests.
JD, 15 years experience including family law
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